Summary Final Decision Art 60
Complaint
Compliance order to controller
Background information
Date of final decision: 17 May 2019
LSA: BE
CSAs: NL, SE
Legal Reference: Right to erasure (Article 17), Transparent information, communication and modalities for the exercise of the rights of data subjects (Article 12)
Decision: Compliance order to controller
Key words: Right to erasure, Exercise of the rights of the data subjects
Summary of the Decision
Origin of the case
The complaint concerned the failure of the controller to comply with the request of a data subject concerning the exercise of his right of erasure. After two submissions of the webform in order to have his data removed, the complainant also sent e-mails with the same request on 28/06/2018.
The complainant still did not receive any reply and asserted that the controller did not respond within a month following the request.
Findings
The controller has failed to comply with the request of the data subject, thus violating its obligations under Article 12.3 GDPR. The LSA considers that the deadline to answer the request “has been exceeded at all levels”.
Decision
The LSA decided to order the controller to comply with the data subject’s request concerning the exercise of the right of erasure.
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